What policies and procedures must a Burneys Sweets More franchisee follow during a Crisis?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall notify Franchisor immediately upon the occurrence of any situation that may have a significant negative impact on Franchisee, Franchisor, or the Franchised Business, or which could have a deleterious effect on the BURNEY'S SWEETS & MORE brand, Marks or System (a "Crisis").
Franchisee shall follow all of Franchisor's policies, procedures, and instructions in every such situation, including, without limitation, managing public relations and communications, as directed by Franchisor or as specified in the Brand Standards Manual, whether or not Franchisee has retained outside counsel or a public relations firm to assist with such matters.
A Crisis includes, but is not limited to, any event that occurs at or about the Shop or related to the Franchised Business that has or may cause harm or injury to customers or employees.
Examples include, but are not limited to, contagious diseases, food poisoning, food contamination, food spoilage, foodborne illness, cyber attacks, natural disasters, terrorist acts, shootings, or any other circumstance which may damage the System, Marks, or image or reputation of the Shop, the System or Franchisor.
Franchisee will cooperate fully with Franchisor with respect to Franchisor's response to the Crisis.
In the event of the occurrence of a Crisis, Franchisor may establish emergency procedures which may require Franchisee to temporarily close the Shop to the public, in which event Franchisor shall not be liable to Franchisee for any loss or costs, including consequential damages or lost profits occasioned thereby.
Franchisor will have the right to take control of the management of communications if Franchisor determines that the publicity surrounding the event is likely to have a material adverse effect on the reputation or goodwill of the Shop, Marks, System, or Franchisor.
Franchisee will obtain Franchisor's consent before any press releases, interviews or public statements are issued by Franchisee, or anyone on its behalf, about events that are likely to receive or are receiving significant negative public attention related to the Shop, Marks, System, or Franchisor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, a franchisee must immediately notify the franchisor of any situation that could significantly and negatively impact the franchisee, franchisor, the franchised business, or the Burneys Sweets More brand. This includes situations that could harm the brand's image, marks, or overall system. The FDD refers to these situations as a "Crisis."
The Burneys Sweets More franchisee is required to adhere to all policies, procedures, and instructions provided by the franchisor during a crisis. This encompasses managing public relations and communications as directed by Burneys Sweets More or as detailed in the Brand Standards Manual. This holds true regardless of whether the franchisee has hired outside counsel or a public relations firm.
A crisis can include events at the shop that may cause harm or injury to customers or employees, such as contagious diseases, food poisoning or contamination, cyber attacks, natural disasters, or terrorist acts. The franchisee must fully cooperate with Burneys Sweets More in responding to the crisis. Burneys Sweets More may establish emergency procedures, potentially requiring the franchisee to temporarily close the shop, without Burneys Sweets More being liable for any resulting losses or costs to the franchisee. Burneys Sweets More retains the right to control communications if the publicity surrounding the event could negatively affect the reputation or goodwill of the shop, marks, system, or franchisor. The franchisee must obtain Burneys Sweets More's consent before issuing any press releases, interviews, or public statements about events that are likely to receive significant negative public attention.